Home Courts New Canaan retailer fights eviction by claiming improper serving of legal papers

New Canaan retailer fights eviction by claiming improper serving of legal papers

The owner of a women’s clothing store in New Canaan is seeking to dismiss his landlord’s attempted eviction by arguing the legal papers were improperly served.

According to a report on NewCanaanite.com, eviction papers were filed against Hamptonite at 7 Elm St. by the property’s owner, Petra Properties LLC, which stated that owner Kaiser Sharif stopped paying rent in February, even though the monthly rent had been reduced from its original $3,900 “as a result of Covid circumstances.”

However, Sharif’s attorney is seeking to dismiss the eviction notice because the person serving the papers is not on the latest list of Connecticut Judicial Department marshals and was not authorized to perform the action.

“That service was performed by an individual who did not identify himself as a state marshal but merely stated that he was authorized by law to service said papers,” the motion to dismiss complaint stated.

This is the second time in two years that Hamptonite has faced an eviction notice. In 2019, the store — then located at 136 Elm St. — was accused by its landlord of being four months behind on its rent. The store moved to its current location later that year.

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Phil Hall's writing for Westfair Communications has earned multiple awards from the Connecticut Press Club and the Connecticut Society of Professional Journalists. He is a former United Nations-based reporter for Fairchild Broadcast News and the author of 10 books (including the 2020 release "Moby Dick: The Radio Play" and the upcoming "Jesus Christ Movie Star," both published by BearManor Media). He is also the host of the SoundCloud podcast "The Online Movie Show," co-host of the WAPJ-FM talk show "Nutmeg Chatter" and a writer with credits in The New York Times, New York Daily News, Hartford Courant, Wired, The Hill's Congress Blog, Profit Confidential, The MReport and StockNews.com. Outside of journalism, he is also a horror movie actor - usually playing the creepy villain who gets badly killed at the end of each film.

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